Do you seriously think trade secrets aren't enforceable outside US borders? That there's no such thing as a transnational tort claim? Do you also think that because the "Constitution doesn't protect" stuff that Microsoft can randomly steal from people? Can they murder people too?
You knew this was a batshit claim when you saw someone trying to map the Constitution to Microsoft in the first place, since the Constitution doesn't regulate private businesses at all.
What does ECHELON and military drones have to do with civil liability?
The root comment in this thread suggests that Microsoft might be centralizing Skype so that it can scrape trade secrets out of phone calls. That sentiment is based on a preposterous misapprehension about how international law works.
(I'm pretty sure you are directing all of your "you"s mostly to others in the thread so I will ignore the impatient and condescending tone)
You aren't very specific though. I'm not familiar with transnational tort claim and I doubt it as popular to others here in HN either. Is it as solid as you seem to make it? Google has little (easily accessible material) on it. It doesn't sound like something that is illegal by itself; only that they could be sued by those startups if/when they find out (and decide to saddle up for an international case against a huge company... yeah that probably isn't very likely).
Good luck finding a lawyer who has the skills to perform an international tort offense who charges less than six figures for it. Only a company like Microsoft has the cash to pull that off.